Petitioner challenged a Panchayat notice directed at a landlord regarding unauthorised business in adjoining rooms. Court clarified the notice applies to other rooms and does not affect the petitioner's licensed bakery operations.
Clarification that the notice does not apply to the petitioner's business in Room No.936.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR
FRIDAY, THE 2ND JULY 2010 / 11TH ASHADHA 1932
WP(C).No. 15555 of 2010(T) ---------------------------------------
PETITIONER(S):
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C.Y. JOHNY, S/O.YOHANNAN, K.P.11/936, VIJAYA BAKERY, KOTTARAKKARA, RESIDING AT SANTHOSH BHAVAN, IYPPALLOOR, KOTTARAKKARA, KOLLAM DISTRICT.
BY ADV. SRI.B.MOHANLAL
RESPONDENT(S):
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1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.
2. THE DEPUTY DIRECTOR OF PANCHAYATH, COLLECTORATE, CIVIL STATION, KOLLAM.
3. THE KOTTARAKKARA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, PULAMON.P.O, KOTTARAKKARA, KOLLAM.
4. MS.SELIN ALEX, W/O.LATE C.K.ALEX, CHARUVILA VEEDU, KIZHAKKETHERUVU, KOTTARAKKARA, KOLLAM.
R1 & R2 BY GOVT. PLEADER SMT.N. SUDHADEVI. R3 BY ADV. SRI.C.J.JOY, SC,KOTTARAKKARA G.PANCHAYA.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 15555/2010-T
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P1: COPY OF THE LICENCE NO.E4-301/09 DATED 14/07/2009 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER FOR THE PERIOD UPTO 31/03/2010.
EXT.P2: COPY OF THE LICENCE FEE, PROFESSIONAL TAX IN RESPECT OF THE SHOP TO THE 3RD RESPONDENT FOR THE PERIOD 2009-2010.
EXT.P3: COPY OF THE RECEIPT NO.7972/2010 DATED 18/05/2010 ISSUED BY THE 2ND RESPONDENT.
EXT.P4: COPY OF THE ORDER NO.E7-72/2010 DATED 15/05/2010 ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT.
RESPONDENT'S EXHIBITS:
EXT.R3(a): COPY OF THE LETTER NO.C3-2488/2010 DATED 25/03/2010 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT FOR TAKING ACTION.
EXT.R3(b): COPY OF THE LETTER NO.26268/RC-3/2010 LSGD DATED 30/04/2010 ISSUED BY THE 1ST RESPONDENT TO THE 3RD RESPONDENT.
//TRUE COPY//
P.S. TO JUDGE
rs.
T.R. Ramachandran Nair, J.
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W.P.(C) No. 15555 of 2010-T
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Dated this the 2nd day of July, 2010.
JUDGMENT
The petitioner has approached this Court challenging Ext.P4 notice issued to the landlord, viz. the 4th respondent herein, wherein the Panchayat informed the 4th respondent that she is conducting a bakery unauthorisedly in the first floor of room Nos.939 and 940 of Ward No.II and it will have to be stopped. Apprehending that the direction is against the running of business in in room No.936 of the same Grama Panchayat, wherein the petitioner is conducting the business and that too by a tenancy arrangement with the landlord, this writ petition has been filed.
wpc 15555/2010 2
nothing to do with the licensed business and premises.
Therefore, the writ petition is disposed of clarifying that Ext.P4 notice is only in respect of the business said to have been conducted in room Nos.939 and 940 of Ward No.II of Kottarakkara Grama Panchayat and will not apply to the business run by the petitioner in room No.936 of the same ward. No costs.
(T.R. Ramachandran Nair, Judge.)
kav/
1 issue framed by the court
Whether the Panchayat notice directing the landlord to stop unauthorised business applies to the petitioner's licensed premises.
C.Y. Johny
State of Kerala
Deputy Director of Panchayath, Kollam
Kottarakkara Grama Panchayath
Ms. Selin Alex
T.R. Ramachandran Nair
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
